Soto v. Aria Resort & Casino, LLC et al

Filing 82

ORDER Granting 80 Motion to Withdraw Attorneys James P. Kemp and Victoria Lynn Neal as counsel for Plaintiff. Plaintiff has until 11/21/2016 to retain substitute counsel. A status check re Plaintiff's counsel will be conducted 11/22/2016 at 11:00 a.m., in conjunction with the 70 Motion to Compel which is also set for the same date and time. Signed by Magistrate Judge Peggy A. Leen on 10/31/2016. (Copies have been distributed pursuant to the NEF - copy mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM SOTO,

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Case No. 2:16-cv-00064-JAD-PAL
Plaintiff,

v.

ORDER
(Mot WD Atty – ECF No. 80)

ARIA RESORT & CASINO, LLC, et al.,
Defendants.

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This matter is before the court on attorneys James P. Kemp and Victoria L. Neal’s Motion

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to Withdraw as Counsel for the Plaintiff (ECF No. 80). The motion represents that irreconcilable

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differences have arisen between attorneys and counsel which prevent counsel from effectively

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advocating on behalf of Plaintiff. Mr. Kemp and Ms. Neal therefore seek leave to withdraw as

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counsel of record.

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Discover in this matter has commenced. At the hearing conducted on October 18, 2016,

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the court advised that it would address the issue of adjusting the discovery deadlines at a hearing

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in this matter that is scheduled for November 22, 2016.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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1.

Mr. Kemp and Ms. Neal’s Motion to Withdraw (ECF No. 80) is GRANTED.

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2.

The plaintiff shall have until November 21, 2016, in which to retain substitute

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counsel who shall make an appearance in accordance with the requirements of the Local Rules of

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Practice, or shall file a notice with the court that he will be appearing in this matter pro se.

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3.

Plaintiff=s failure to timely comply with this order by either obtaining substitute

counsel, or filing a notice that he will be appearing in this matter pro se may result in the imposition

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of sanctions, which may include a recommendation to the District Judge that plaintiff=s complaint

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be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).

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4.

A status check regarding Plaintiff’s counsel will be conducted November 22, 2016,

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at 11:00 a.m., in conjunction with the Motion to Compel (ECF No. 70) which is also set for the

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same date and time.

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known address:

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The Clerk of the Court shall serve the plaintiff with a copy of this order at his last

Williams Soto
4546 N. Bright Angel Ave.
Meridian, Id. 82646
DATED this 31st day of October, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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